New filing: Sauvie Island Cow Train

A man who fell out of a farm ride at The Pumpkin Patch on Sauvie Island has filed a $154,000 lawsuit against the business, saying he broke his wrist after the ride tipped.

A lawsuit filed this week by Brandon Herrick states that he, his children and a friend visited the popular fall attraction on Sept. 15, 2012. The farm features a cornfield maze, a petting zoo, hay rides and u-pick pumpkins for sale. The farm at 16511 N.W. Gillihan Road also features an all-ages ride called the Cow Train, in which small cars painted white with black spots are pulled by a tractor.

The lawsuit alleges that the Cow Train operator drove the train fast and around in tight circles, causing the car Herrick was riding in to tip and throw him to the ground.

The suit states that Herrick broke his wrist, requiring surgery. He also suffered pain in his back, neck, thumb and knee, according to the suit. Herrick, of Clackamas County, is seeking $29,000 in past and future medical bills, $25,000 for lost wages and $100,000 for pain and suffering.

The suit faults the farm for “failing to hire reasonably competent driving personnel” and for failing to warn visitors about the dangers of failing out of individual cars.

The farm’s owners couldn’t be reached for comment. The farm previously was sued for $432,000 by a woman who says she broke her elbow after tripping on some twine on a hay ride in October 2010. That case settled out of court for an undisclosed amount.

The lawsuit was filed by Portland attorney Elizabeth Welch in Multnomah County Circuit Court. It lists both Pumpkin Patch Inc. and The Maize Inc. as defendants.